n Stellenbosch Law Review = Stellenbosch Regstydskrif - Die skisofreniese ontwikkeling van die geweldsbegrip in die Suid-Afrikaanse strafreg : opmerkinge oor 'n regte-oriënterende benadering tot misdaadomskrywing

Volume 14, Issue 3
  • ISSN : 1016-4359
  • E-ISSN: 1996-2193



This article, firstly, investigates the historical origins of the violence concept in Roman law and its development through the Roman European law to contemporary South African as well as German law. In respect of both rape and robbery, the German law basically adhered to the traditional concept of violence. As far as rape is concerned, South African law followed the absence of consent approach of English law. The submission is made that protection of the victim's biopsychic autonomy should form the nucleus in redefining both the traditional crimes of rape and robbery.

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